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(a) Sovereign Immunity of the Tribal Government. The sovereign immunity from suit of the Tribal Government and every elected Tribal Council member, Tribal official, Tribal Judge or attorney acting on behalf of the Tribal Government with respect to any action taken in an official capacity or in the exercise of the official powers of any such office, in any court, federal, state or tribal is hereby affirmed; nothing in this code shall constitute a waiver of the Tribal Government’s sovereign immunity.

(b) Tribal Action Not a Waiver of Sovereign Immunity. No enforcement action taken pursuant to this code, including the filing of an action by the Tribal Government or any agency of the Tribal Government in Tribal Court, shall constitute a waiver of sovereign immunity from suit of the Tribal Government, or any elected Tribal Council member or tribal official with respect to any action taken in an official capacity, or in the exercise of the official powers of any such office, either as to any counterclaim, regardless of whether the counterclaim arises out of the same transaction or occurrence, or in any other respect.

(c) Waiver of Sovereign Immunity. The sovereign immunity of the Tribal Government and any elected Tribal Council member or tribal official with respect to any action taken in an official capacity, or in the exercise of the official powers of any such office, in any action filed in the Tribal Court with respect thereto, may only be waived by a formal written resolution of the Tribal Council. All waivers shall be unequivocally expressed in such resolution. No waiver of the Tribal Government’s sovereign immunity from suit may be implied from any action or document. Waivers of sovereign immunity shall not be general but shall be specific and limited as to the jurisdiction or forum within which an action may be heard, the duration, action, and property or funds, if any, of the Tribal Government or any agency, subdivision, or governmental or commercial entity of the Tribal Government subject thereto. No express waiver of sovereign immunity by written resolution of the Tribal Council shall be deemed as consent to the levy of any judgment, lien or attachment upon property of the Tribal Government or any agency, subdivision, or governmental or commercial entity of the Tribal Government other than property specifically pledged or assigned therein. [2008 Code § 2.1.10; Res. 1999-17]